Classical Liberal Constitution: Part II, Rights

In the second panel of the day, the panelists respond to Epsteins's take on Rights.  

Daryl Levinson asks Epstein: If few people take offense, and a lot of people benefit, is it okay to infringe upon a right? Epstein will respond to this charge at the end of the Conference. Levinson seems to push back against the apparent tension between Epstein's desire for social welfare and mutual benefit. 

Daryl Levinson, Steven Menashi, Christopher Sprigman, Ilya Somin, Thomas Merrill, Deborah Malamud (from left to right)

Daryl Levinson, Steven Menashi, Christopher Sprigman, Ilya Somin, Thomas Merrill, Deborah Malamud (from left to right)

Steven Menashi focuses on what he calls "Rational basis with an Economic Bite."  Menashi argues for a more robust rational basis review in economic contexts. Menashi has co-authored an article on this topic with Judge Douglas Ginsburg that is forthcoming in the journal. 

Ilya Somin talks about the public use clause in the Fifth Amendnent. He argues for a more originalist reading to maximize individual liberty.  

 

 

 

Deborah Malamud argues that Epstein is too optimistic about ability of free market to solve social problems. She is a bit more pessimistic than Epstein about both markets and regulation.